3 September 2026 marked five years since Ley 8/2021 (the law reforming support for people with disabilities in exercising their legal capacity) came into force. The Fundación Aequitas included a discussion of the anniversary on its agenda. For families, the date raises a practical question: have we made our preferences clear about who can help us and within what limits?
This is not a new obligation introduced this September. It is a chance to review personal decisions and documents that may not have been updated for years.
A reform centred on the person's wishes
Ley 8/2021 moved the system towards support for exercising legal capacity, respecting the person's will, wishes and preferences. Within that framework, lasting powers of attorney allow certain decisions about representation to be made in advance.
The Civil Code provides both for powers that remain effective if support needs arise and for powers intended only for that future situation. Their scope and the conditions for bringing them into effect must be set out in the document.
Three questions to review the document
Before asking for a review, it helps to prepare these questions:
- Is it still the right person? The relationship of trust, their availability or where they live may have changed.
- Are the tasks clear? It is worth distinguishing between banking needs, managing assets and other matters, rather than assuming the document covers every situation.
- What safeguards do I want? You can ask the notary how to record your preferences, what limits you want and what should happen if the chosen person cannot act.
Does an old power of attorney mean signing a new one?
The anniversary does not in itself mean it has to be replaced. Before changing it, review its wording and the rules that apply. The date of the document alone does not tell you whether it will work for a particular purpose.
How to prepare the consultation
Gather the copy of the power, if you already have one, and note what has changed. Explain which matters concern you and which people you want to be involved. That way the consultation can focus on your specific needs.
Our guide to lasting powers of attorney explains the procedure. If you are not yet sure which type you need, see also the types of notarial powers of attorney and how they are signed.